Patna High Court
Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Pramila Devi and Indrasan Devi were arrested on 21 January 2026 in connection with a case involving the seizure of 18.540 litres of illicit foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that they have a clean antecedent, were falsely implicated, and that the seizure list was prepared by police without their actual possession of the liquor. The petition also highlighted non‑compliance with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The Court, noting the petitioners' clean record and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS were complied with.
- Whether the petitioners have a clean criminal antecedent and were falsely implicated.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16881 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Pramila Devi W/o- Anand Sahni R/O vill- Indwara Ps- Chaklal Sen Distt-
Samastipur
2. Indrasan Devi @ Indarshan Devi D/o- Late Ram Narayan Sahni R/o Vill-
Raja Ghat PS-Alamganj Chowki Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Shekhar Harshvardhan, learned counsel
for the petitioners and Mr. Bishweshwar Ram, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
21.01.2026 in connection with Sadar Excise Saran P.S. Case No.
16 of 2026, F.I.R. dated 21.01.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of18.540 liters of illicit foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Infact nothing has been recovered
Patna High Court CR. MISC. No.16881 of 2026(2) dt.17-03-2026
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from the conscious possession of the petitioners but the police
had prepared seizure list and shown that the reovery has been
made from the possession of the petitioner and the seizure list
witnesses are the police personnel. He further submits that there
is non-compliance of Section 103 and 105 of BNSS and the
petitioners are in custody since 21.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent and there is non-
compliance of Section 103 and 105 of BNSS, let the petitioners,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No.03, Saran at Chapra in connection with Sadar Excise
Saran P.S. Case No. 16 of 2026, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.16881 of 2026(2) dt.17-03-2026
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ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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